COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF RATHFARNHAM AREA COMMITTEE

Tuesday, November 10, 2009

MOTION NO. 11

MOTION: Councillor C. Keane

"That this Committee discusses the ‘problem’ of the large trees between Orlagh Downs and Woodfield estate and advise on how best to move forward to have this issue resolved – i.e.  trees pruned and unsafe removed before they fall and cause serious damage -this area is not in charge of SDCC but ‘nobody’ is taking responsibility."

REPORT:

The strip of land between Orlagh Downs and Woodfield estates is not in Council ownership.  A search was recently undertaken by the Council’s Development Department with the Land Registry office to determine land ownership.  This search has revealed that a townland boundary runs between these two estates and that folios relating to property ownership on either side of the townland boundary meet along the line of this townland boundary. 

The conclusion therefore is that there is no land between Woodfield and Orlagh that is not under ownership. While the location of the rear boundaries of the properties in both Orlagh Downs and Woodfield may not reflect this situation on the ground, it would appear that responsibility for the strip of land between the two estates rests with the individual property holders within the Orlagh and Woodfield estates. 

In this context, it is matter for the relevant property owners to individually clarify the extent of their property ownership with Land Registry and take such measures as they consider necessary, either individually or collectively by agreement in relation to the upkeep of the strip of land in question.  With specific regard to the trees within the strip of land, these are located on private lands and are therefore the responsibility of the relevant landowners and outside the remit of the Council.  

The owners of the lands, on which the trees are standing, have a duty of care for the management and maintenance of  the trees.

A useful reference for persons involved with this matter would be

"Trees, Forests and the Law in Ireland" by McHugh and Gallagher, published by COFORD, 2005. ISBN 1902696425